Your rights as an employee in Germany: contract, pay, hours, leave and dismissal
The core rules of German employment law in plain English: what your contract must state, the 2026 minimum wage, working-time limits, holiday, sick pay, probation, notice periods, protection against dismissal, works councils and where to get free help in Berlin.
- Applies to
- Employees working for an employer in Germany, including part-time staff, minijobbers and people on fixed-term contracts. Most statutory rights apply regardless of nationality or residence status. They do not apply to genuinely self-employed people. Collective agreements and individual contracts can give you more than the legal minimum, but generally not less.
- Effort
- Low effort
- Time needed
- About 20 minutes to read; keep it at hand when you sign a contract or if a problem arises.
- Cost
- Knowing your rights is free. Advice from BEMA, Faire Integration and Faire Mobilität is free. At the labour court, each side pays its own lawyer in the first instance, whatever the outcome; court fees depend on the amount in dispute and are waived if the case is settled.
On this page
- Overview
- Documents you need
- Your contract and the written statement of terms
- Pay and the minimum wage
- Working hours, breaks and rest
- Paid holiday
- Sick leave and sick pay
- Probation and notice periods
- Protection against dismissal
- Works councils, unions and collective agreements
- Where to get help in Berlin
- Watch out
- Common mistakes
- Tips
- Frequently asked questions
- Official links
- In your plan
- Sources
- Related guides
German employment law sets a floor that applies to almost every employee: a minimum wage, maximum working hours, paid holiday, continued pay when you are ill and rules on how and when a job can be ended. Many employers apply a collective agreement (Tarifvertrag) on top, which typically means more pay and more leave.
This guide summarises the statutory minimum as it stands in October 2026. It is informational, not legal advice. If something goes wrong, act quickly, because some deadlines are very short, and get advice from one of the services listed at the end.
Documents you need
- required
Employment contract or written statement of terms
- required
Pay slips
Your employer must give you a pay statement when paying wages.
Your contract and the written statement of terms
Under the Act on the Notification of Essential Conditions (Nachweisgesetz), your employer must give you the essential terms of your job in writing. At minimum this covers: the names and addresses of both parties, the start date, the end date of a fixed-term contract, the place of work, a description of the job, any probation period, the composition and amount of pay (including overtime pay, bonuses and allowances) and when it is paid, agreed working hours, breaks and rest periods, the rules for overtime, the amount of annual leave, any entitlement to training, the procedure and notice periods for termination including the three-week deadline for challenging a dismissal in court, and a reference to any collective agreements that apply.
Deadlines: the details on parties, pay and working time must be handed over on your first working day at the latest; the start date, workplace, job description, probation and overtime rules within seven calendar days; the rest within one month.
Form: the statement may be provided in text form, for example as an email attachment you can store and print, if the employer asks you to confirm receipt. On request, you are entitled to a version on paper with a handwritten signature. Electronic statements are not allowed in sectors with high risk of undeclared work, such as construction, hospitality, passenger transport, logistics and parcel delivery, building cleaning, security services and hairdressing and cosmetics.
Fixed-term contracts (befristeter Vertrag): without a specific reason, a contract can be limited to a maximum of two years in total, with up to three extensions within that period, and only if you have not worked for the same employer before. The fixed-term clause must be agreed in writing; otherwise the contract is treated as permanent.
Pay and the minimum wage
The statutory minimum wage is €13.90 gross per hour from 1 January 2026 and rises to €14.60 on 1 January 2027. It applies regardless of working hours, so it covers part-time staff and minijobbers too.
Exceptions include apprentices, volunteers, young people under 18 without a completed vocational qualification, long-term unemployed people during their first six months in a new job, and certain internships: mandatory internships required by a study or training regulation, and orientation or study-related internships of up to three months.
Some sectors have higher binding minimum wages under collective agreements. You must receive a written pay slip (Entgeltabrechnung) in text form showing the pay period and how your pay is made up, including deductions.
Suspected minimum-wage violations can be reported to customs (Finanzkontrolle Schwarzarbeit, part of the Zoll), and the federal Minimum Wage Hotline answers questions on 030 60 28 00 28.
Working hours, breaks and rest
The Working Hours Act (Arbeitszeitgesetz) sets these limits:
- Daily maximum: 8 hours per working day (Monday to Saturday). It can be extended to 10 hours only if the average over six calendar months or 24 weeks does not exceed 8 hours per working day.
- Breaks: at least 30 minutes if you work more than 6 and up to 9 hours, and 45 minutes if you work more than 9 hours. Breaks can be split into blocks of at least 15 minutes, and you may not work more than 6 hours in a row without one.
- Rest period: at least 11 consecutive hours between the end of one working day and the start of the next, with limited exceptions in sectors such as hospitals, hospitality and transport.
Recording working time: the Federal Labour Court ruled in September 2022 that employers must have a system to record employees' working time; the Federal Ministry of Labour confirms this already applies. Reform: in 2026 the federal government has been defending plans to replace the daily maximum with a weekly maximum. As of October 2026 the daily limits above are the law in force; check the current Working Hours Act before relying on any change.
Whether overtime is paid or compensated with time off depends on your contract or collective agreement, which must describe the rules for overtime.
Paid holiday
The Federal Leave Act (Bundesurlaubsgesetz) guarantees at least 24 working days a year based on a six-day week. For the usual five-day week, that is 20 days. Many contracts and collective agreements give more; the DGB reports five to six weeks as typical under collective agreements.
- Waiting period: you acquire the full annual entitlement after six months of employment. Before that, and if you leave in certain situations, you get one twelfth of the annual leave for each full month worked.
- When to take it: your employer must take your wishes into account unless urgent business reasons or other employees' priority wishes stand in the way. Leave should be taken in the calendar year; it carries over only for urgent operational or personal reasons, and then generally must be taken in the first three months of the following year.
- Sick during holiday: days on which a doctor certifies that you were unable to work are not counted as holiday.
- Leaving the job: leave you can no longer take must be paid out.
Public holidays are not deducted from your leave. Which days are holidays depends on the federal state; see the guide on public holidays in Berlin.
Sick leave and sick pay
Telling your employer: if you are ill and cannot work, you must inform your employer without delay, together with how long you expect to be off. Many employers expect a call or message before your shift starts.
Doctor's certificate: if the illness lasts more than three calendar days, you need a medical certificate of incapacity for work (Arbeitsunfähigkeitsbescheinigung, AU) by the following working day. Your employer may ask for it earlier, even from the first day. If you have statutory health insurance, the doctor reports the incapacity electronically to your health insurer and your employer retrieves it (the eAU); you no longer hand in a paper copy, but you must still see a doctor in time and keep informing your employer. If you have private insurance, you still provide the certificate yourself.
Continued pay (Entgeltfortzahlung): once you have been employed for four weeks without interruption, your employer pays your full wage for up to six weeks per illness. After that, statutory health insurance pays sickness benefit (Krankengeld): 70 % of your regular gross pay up to the contribution ceiling (€5,812.50 a month in 2026), but no more than 90 % of your net pay. Sick pay and sickness benefit together are limited to 78 weeks within three years for the same illness.
Probation and notice periods
Probation (Probezeit): during an agreed probation period of up to six months, either side can end the contract with two weeks' notice.
Standard notice after probation (§ 622 of the Civil Code): four weeks to the 15th or to the end of a calendar month. For dismissals by the employer, the notice period increases with length of service:
- 2 years: one month to the end of a calendar month
- 5 years: two months
- 8 years: three months
- 10 years: four months
- 12 years: five months
- 15 years: six months
- 20 years: seven months (always to the end of a calendar month)
Contracts and collective agreements can set different periods, but the notice period you must give can never be longer than the one your employer must give.
Form: a dismissal or termination agreement is only valid in writing on paper with a handwritten signature. A dismissal by email, text message, messenger or a scanned PDF is not effective, and the same applies if you resign.
Protection against dismissal
The Protection Against Dismissal Act (Kündigungsschutzgesetz, KSchG) applies once you have worked for the same employer for more than six months, in businesses with more than ten employees (part-time staff count proportionally). Under it, a dismissal must be socially justified: it must be based on reasons related to you as a person (for example long-term illness), your conduct (usually after a prior warning, an Abmahnung), or urgent operational needs. In operational dismissals, the employer must also take social criteria into account when selecting who is dismissed.
Additional protection applies in particular situations, for example during pregnancy and up to four months after giving birth, during parental leave and from shortly before it begins, and for severely disabled employees, whose dismissal requires the prior consent of the integration office. If your employer has a works council, it must be consulted before any dismissal.
The three-week deadline: if you want to challenge a dismissal, you must file a claim with the labour court (Arbeitsgericht) within three weeks of receiving the written dismissal. This deadline also applies in small businesses where the KSchG otherwise does not apply. In Berlin, what counts is the date the claim reaches the court, not the date you send it. If you miss the deadline, the dismissal is usually treated as valid even if it was unfair.
If you are dismissed or your contract ends, register with the Agentur für Arbeit straight away; the job seeker guide explains the deadlines.
Works councils, unions and collective agreements
Works council (Betriebsrat): employees can elect one in any establishment with at least five permanent employees entitled to vote, three of whom are eligible for election. It is not set up automatically; employees have to initiate an election. A works council has information and co-determination rights, for example on working-time arrangements, and must be heard before dismissals.
Unions (Gewerkschaften): membership is voluntary. The largest unions belong to the German Trade Union Confederation (DGB), for example ver.di for services and IG Metall for metal and electrical industries. Members typically get legal advice and representation in employment disputes.
Collective agreements (Tarifverträge): negotiated between unions and employers or employers' associations. They apply directly to union members of bound employers, and many contracts refer to a collective agreement for all staff. Where a collective agreement, your contract and the law differ, the more favourable rule applies to you.
Where to get help in Berlin
- BEMA (Berliner Beratungszentrum für Migration und Gute Arbeit), run by Arbeit und Leben Berlin-Brandenburg, gives free employment-law advice to migrants, refugees and mobile workers. Its contact page lists German, English, French, Polish, Russian, Romanian, Bulgarian, Arabic and Ukrainian. Book an appointment by phone or email.
- Faire Integration advises refugees and migrants from outside the EU on pay, working hours, holidays, dismissal and health insurance, free of charge, anonymously and in several languages. Since 1 January 2026 it has been funded by the Federal Ministry of Labour and Social Affairs, with advice centres in every federal state.
- Faire Mobilität, the DGB's advice network, helps workers from Central and Eastern Europe in their first language, free and anonymously.
- Unions: if you are a member, your union is the first port of call.
- Labour court (Arbeitsgericht Berlin): you can file a claim yourself using the court's forms (dismissal claim, payment claim) by post, fax or the court's letterbox, but not by email. The court's legal application office (Rechtsantragstelle) can record your claim but does not give legal advice.
- Lawyers: specialist employment lawyers are called Fachanwalt für Arbeitsrecht. The legal help guide explains low-cost advice options.
Watch out
The three-week deadline to challenge a dismissal is strict. Count from the day the letter reached you, and make sure the claim reaches the court in time.
A dismissal or resignation by email, text message or messenger is not legally effective. Do not resign that way, and do not assume such a message from your employer has ended your job without getting advice.
Signing a termination agreement (Aufhebungsvertrag) can lead to a suspension of unemployment benefit. Get advice before you sign.
Many contracts contain short deadlines (Ausschlussfristen) for claiming unpaid wages or overtime. Check your contract and raise claims in writing early.
Common mistakes
Assuming that because you are on probation you have no rights. Minimum wage, holiday, sick pay and working-time limits apply from day one, although continued sick pay starts after four weeks. Not telling the employer about an illness on the first day because a certificate is only needed from day four. Waiting to see whether a dismissal is withdrawn and missing the three-week deadline. Not keeping copies of the contract, pay slips and your own record of hours worked. Treating 20 days of holiday as the norm. Check your contract; many employers give more.
Tips
Keep your own simple log of working hours, especially if you work overtime or irregular shifts. Ask for every change to your pay, hours or role in writing. If you are not an EU citizen, check whether a new job or changed duties require approval from the immigration office before you agree. Read your pay slip each month and compare the hours and rate with your contract. Join a union before problems arise; legal protection for a dispute may require a period of membership first.
Frequently asked questions
Editorial answers written by our team, based on the sources below.
Can my employer pay me less than the minimum wage during probation?
No. The statutory minimum wage of €13.90 per hour (2026) applies from the first day, including during probation, unless you fall into one of the legal exceptions, such as certain internships or apprenticeships.
Do I get paid holiday in a minijob or a part-time job?
Yes. The minimum of 24 working days on a six-day week applies proportionally to your working days. If you work two days a week, the minimum is eight days of leave a year.
My employer told me by WhatsApp that I am fired. Is that valid?
A dismissal must be in writing on paper with a handwritten signature to be effective. A message by WhatsApp, email or text does not meet this requirement. Get advice quickly anyway, because once you receive a proper written dismissal the three-week deadline starts.
Do I need a doctor's note from the first day of illness?
By law, from the fourth calendar day of incapacity, but your employer may require it earlier, and many contracts say so. Check your contract and inform your employer immediately in every case.
Does German employment law protect me if I am not an EU citizen?
Yes. Minimum wage, working-time, holiday, sick pay and dismissal rules apply to all employees in Germany regardless of nationality. Separately, your residence permit may have conditions, for example about which employer you may work for.
Official links
Federal government: minimum wage 2026Official source bundesregierung.de (Opens {{site}} in a new tab) Federal government: minimum wage FAQOfficial source bundesregierung.de (Opens {{site}} in a new tab) Customs: minimum wage enforcementOfficial source zoll.de (Opens {{site}} in a new tab) Labour Court Berlin: claim forms berlin.de (Opens {{site}} in a new tab) BEMA Berlin (free employment-law advice) bema.berlin (Opens {{site}} in a new tab) Faire Integration faire-integration.de (Opens {{site}} in a new tab) Faire Mobilität faire-mobilitaet.de (Opens {{site}} in a new tab)
In your plan
Read your German employment contract carefully Learn how much you may work on a student permit If your job is ending, register as a job seeker in time
Sources
Written and checked by HomiStart editorial against the official sources below. Next scheduled check: 2 Feb 2027.
- Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 2 NachwG – Nachweispflicht
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 2a SchwarzArbG – Mitführungs- und Vorlagepflicht von Ausweispapieren
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 14 TzBfG – Zulässigkeit der Befristung
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Presse- und Informationsamt der BundesregierungOfficial sourceMindestlohn 2026 auf 13,90 Euro erhöht
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Presse- und Informationsamt der BundesregierungOfficial sourceFragen und Antworten zum Mindestlohn
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 22 MiLoG – Persönlicher Anwendungsbereich
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 108 GewO – Abrechnung des Arbeitsentgelts
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§§ 3–5 ArbZG – Arbeitszeit, Ruhepausen, Ruhezeit
(Opens {{site}} in a new tab) Accessed 5 Oct 2026Sections 4 and 5 checked at the neighbouring URLs __4.html and __5.html.
- Bundesministerium für Arbeit und SozialesOfficial sourceFragen und Antworten zur Arbeitszeiterfassung
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Deutscher Bundestag (heute im bundestag)Official sourceRegierung verteidigt Änderungen am Arbeitszeitgesetz
(Opens {{site}} in a new tab) Accessed 5 Oct 2026Report of 27 January 2026 on the planned switch from a daily to a weekly maximum; not yet law on the research date.
- Bundesministerium der Justiz (gesetze-im-internet.de)Official source§§ 3, 4, 5, 7, 9 BUrlG – Urlaub
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 3 EntgFG – Anspruch auf Entgeltfortzahlung im Krankheitsfall
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 5 EntgFG – Anzeige- und Nachweispflichten
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium für GesundheitOfficial sourceKrankengeld
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 622 BGB – Kündigungsfristen bei Arbeitsverhältnissen
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 623 BGB – Schriftform der Kündigung
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§§ 1, 4, 23 KSchG – Kündigungsschutzgesetz
(Opens {{site}} in a new tab) Accessed 5 Oct 2026Section 1 (3) on social selection; sections 4 and 23 checked at __4.html and __23.html.
- Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 17 MuSchG – Kündigungsverbot
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 18 BEEG – Kündigungsschutz
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 168 SGB IX – Erfordernis der Zustimmung
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 102 BetrVG – Mitbestimmung bei Kündigungen
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 87 BetrVG – Mitbestimmungsrechte
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Bundesministerium der Justiz (gesetze-im-internet.de)Official source§ 1 BetrVG – Errichtung von Betriebsräten
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Deutscher Gewerkschaftsbund (DGB)Was ist ein Tarifvertrag?
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Arbeitsgericht BerlinOfficial sourceUrteilsverfahren – Arbeitsgericht Berlin
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Arbeitsgericht BerlinOfficial sourceKlageformulare – Arbeitsgericht Berlin
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Arbeit und Leben Berlin-BrandenburgBerliner Beratungszentrum für Migration und Gute Arbeit BEMA
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Arbeit und Leben Berlin-BrandenburgKontakt – BEMA
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Faire IntegrationWelcome to the website of Fair Integration
(Opens {{site}} in a new tab) Accessed 5 Oct 2026 - Deutscher Gewerkschaftsbund (DGB) – Faire MobilitätFaire Mobilität
(Opens {{site}} in a new tab) Accessed 5 Oct 2026